BILL NUMBER: AB 1978	CHAPTERED  07/19/00

	CHAPTER   143
	FILED WITH SECRETARY OF STATE   JULY 19, 2000
	APPROVED BY GOVERNOR   JULY 19, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   JUNE 7, 2000
	AMENDED IN ASSEMBLY   MAY 2, 2000

INTRODUCED BY   Assembly Member Cedillo
   (Principal coauthors:  Assembly Members Bock and Villaraigosa)
   (Coauthors: Assembly Members Ashburn, Calderon, Cunneen, Davis,
Ducheny, Firebaugh, Honda, Kuehl, Lempert, Longville, Maldonado,
Mazzoni, Robert Pacheco, Reyes, Romero, Shelley, Strickland,
Strom-Martin, Washington, Wiggins, and Zettel)
   (Coauthors: Senators Alarcon, Hayden, Johnston, Ortiz, Solis, and
Speier)

                        FEBRUARY 18, 2000

   An act to add Chapter 3.5 (commencing with Section 12400) to Part
3 of Division 9 of the Welfare and Institutions Code, relating to
human services, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1978, Cedillo.  SSP benefits for veterans.
   Existing law provides for the State Supplementary Program (SSP)
for the Aged, Blind and Disabled, which requires the State Department
of Social Services to contract with the United States Secretary of
Health and Human Services to make payments to SSP recipients to
supplement supplemental security income (SSI) payments made available
pursuant to the federal Social Security Act.
   This bill would provide benefits at the same level as SSP benefits
to certain veterans of World War II who return to the Republic of
the Philippines and no longer have a place of residence in the state,
if they were receiving SSP benefits on December 14, 1999.
   The bill would require the Secretary of the California Health and
Human Services Agency to seek an agreement with the federal
government to provide for the administration of the bill in
conjunction with the administration of certain federal benefits.
  The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature that the same level
of benefits that are made available under the State Supplementary
Program (SSP) for the Aged, Blind, and Disabled to those veterans of
World War II who were receiving SSP benefits on December 14, 1999, be
provided as a California veterans benefit to those courageous
soldiers who were members of the Government of the Commonwealth of
the Philippines military forces who were in the service of the United
States on July 31, 1941, or thereafter.
  SEC. 2.  The Legislature finds and declares the following:
   (a) Included among those military forces described in Section 1 of
this act were the organized guerrilla forces under commanders
appointed, designated, or subsequently recognized by the Commander in
Chief of the Southwest Pacific Area or other competent authority in
the Army of the United States.
   (b) It is in the public interest for the State of California to
recognize those courageous soldiers who fought and defended American
interests during World War II and who are currently receiving SSP
benefits as of December 14, 1999, by permitting them to return to
their homeland to spend their last days without a complete forfeiture
of benefits.
  SEC. 3.  Chapter 3.5 (commencing with Section 12400) is added to
Part 3 of Division 9 of the Welfare and Institutions Code, to read:
      CHAPTER 3.5.  BENEFITS FOR CALIFORNIA VETERANS

   12400.  (a) Notwithstanding any other provision of law, any person
receiving benefits under Section 12200 on December 14, 1999, and who
meets the requirements of subdivision (b) shall be eligible to
receive benefits under this chapter although he or she does not
retain a residence in the state and returns to the Republic of the
Philippines, if he or she maintains a permanent residence in the
Republic of the Philippines without any lapse of his or her presence
in the Republic of the Philippines for a period of more than 30
consecutive days in any period of 12 months and without a lapse of
his or her presence in the Republic of the Philippines for two
periods of 30 consecutive days during a period of three years.
   (b) A person subject to subdivision (a) shall be eligible to
receive benefits pursuant to this chapter if he or she was receiving
benefits pursuant to subdivision (a), (b), (c), or (d) of Section
12200 on December 14, 1999, and meets both the following
requirements:
   (1) He or she is a veteran of World War II.
   (2) He or she was a member of the Government of the Commonwealth
of the Philippines military forces who was in the service of the
United States on July 31, 1941, or thereafter.
   (c) Benefits under this chapter shall be calculated the same as
those benefits paid under subdivision (a), (b), (c), or (d) of
Section 12200, as appropriate.
   (d) Benefits paid under this chapter shall be in lieu of benefits
paid under Section 12200 or any other provision of Article 1
(commencing with Section 12000) of Chapter 3 for the period for which
the benefits are paid.
   (e) Benefits shall be paid under this chapter for any period
during which the recipient is eligible to receive benefits under
Title 8 of the federal Social Security Act as a result of the
application of federal Public Law 106-169, subject to any limitations
imposed by this section.
   (f) This section shall apply only to any individual who returns to
the Republic of the Philippines for the period during which the
individual establishes and maintains a residence in the Republic of
the Philippines and shall cease to apply to any individual who, after
receiving benefits pursuant to this section, leaves the Republic of
the Philippines and establishes a residence outside the Republic of
the Philippines.
   (g) To assist the state in administering this chapter, the
Secretary of the California Health and Human Services Agency shall
seek an agreement with the federal government to administer this
chapter in conjunction with benefits under Title 8 of the federal
Social Security Act.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to timely implement this act in a manner that would
result in reduced implementation costs, it is necessary that this act
take effect immediately.
